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INTEGRITY IN THE SOUTH AFRICAN PUBLIC SERVICE. PRESENTED BY: MS OR RAMSINGH DIRECTOR-GENERAL OFFICE OF THE PUBLIC SERVICE COMMISSION SOUTH AFRICA. PRESENTATION OUTLINE. Introduction Emerging from the ashes of a corrupt past Promoting a culture of professional ethics and anti-corruption
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INTEGRITY IN THE SOUTH AFRICAN PUBLIC SERVICE PRESENTED BY: MS OR RAMSINGH DIRECTOR-GENERAL OFFICE OF THE PUBLIC SERVICE COMMISSION SOUTH AFRICA
PRESENTATION OUTLINE • Introduction • Emerging from the ashes of a corrupt past • Promoting a culture of professional ethics and anti-corruption • Building Block: Enacting Legislation • Building Block: Integrity Frameworks • Building Block: Creating Access and Reporting Mechanisms • Building Block: Strong Partnership Dimension between the Public Service and Society • Building Block: Service Delivery: The Glue that Holds it Together • Conclusion
INTRODUCTION • The Public Service Commission (PSC) has been the flag bearer of the South African Public Service’s efforts to establish integrity. • The PSC is an independent body with oversight over public administration. • Performs its functions without fear, favour or prejudice in the interest of effective and efficient public administration and a high standard of processional ethics in the Public Service (PS). • The PSC has concentrated its efforts on developing and implementing integrity frameworks that help keep public servants accountable and honest. • It was instrumental in developing and implementing a Code of Conduct, financial interests disclosure framework, stimulating the debate on conflicts of interest and forging cross-sectoral partnerships to fight corruption.
“Our hope for the future depends on our resolution as a nation in dealing with the scourge of corruption. Success will require an acceptance that, in many respects, we are a sick society. It is perfectly correct to assert that all this was spawned by apartheid. No amount of self-induced amnesia will change the reality of history”. (former President Nelson Mandela)
EMERGING FROM THE ASHES OF A CORRUPT PAST • Democratic government of SA inherited a PS that had its roots firmly planted in the practices of the Apartheid State. • Apartheid PS was known for its secrecy and its public servants served the interests of the privileged minority. • HRM practices were designed to enforce oppression and marginalise persons representing the majority of South African citizens. • The democratic dispensation in 1994 and the “sunset clause” saw the emergence of two dominant organisational cultures within PS: • White male dominated, clinging to past practises • Black, inexperienced but imbued with liberation ideals to transform the unequal society inherited. • Corrupt practices were abundant in apartheid PS
EMERGING FROM THE ASHES OF A CORRUPT PAST • HRM did not exist in the PS and personnel components administered the implementation of the Apartheid agenda. • Policy frameworks were geared towards maintaining control and a tight reign on departments to ensure implementation of the Apartheid government’s objectives. • 300 different sliding scales applied in the PS to promote inequalities in salaries between public servants of different races. • Danger allowances for White public servants working in black areas. • Recruitment allowances were also paid to lure whites to join the PS. • Given the prevailing administrative culture the democratic government had much to do to achieve integrity within the PS.
PROMOTING A CULTURE OF PROFESSIONAL ETHICS AND ANTI-CORRUPTION “There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success than to take a lead in introducing a new order of things”. (Machiavelli)
ETHICS AND LEGISLATION • Transformation of the PS had to be viewed from the perspective of Society as a whole. • Change had to be inclusive and people based. • Constitution provided a solid foundation for the required changes by outlining basic values and principles governing public administration: • Promoting and maintaining a high standard of professional ethics. • Public Administration must be accountable. • Promoting efficient, economic and effective use of resources. • Maximising human potential by cultivating good human resource management and career development practices. • The Constitution serves as cornerstone of the value system in South Africa. • Rights of all people are enshrined and the democratic values of human dignity, equality and freedom affirmed. • To build integrity and fight corruption a comprehensive array of legislation has been enacted, and supporting institutions created.
ETHICS AND LEGISLATION • The legislation includes the following Promotion of Access to Information Act. Promoting freedom of access to information. Promotion of Administrative Justice Act. Ensuring that people have the right to administrative action that is lawful, reasonable and procedurally fair. Prevention and Combating of Corrupt Activities Act. Providing for the strengthening of measures to prevent and combat corruption and corrupt activities. • Supporting institutions promoting democracy and integrity in governance include the Human Rights Commission, the Gender Commission, the Public Protector, the Auditor-General and the PSC.
ETHICS AND LEGISLATION • The test of a successful legal framework is usually how effectively it is applied? • What is the type of integrity base that determines the actions of Public Servants? • South African PS employs approximately 1,1 million public servants. The need to perform with integrity is self-evident. • The ethical undergirding of a public servant should display honesty, integrity, loyalty and accountability. • Approach has not just been about making PS corruption resistant but also about promoting a work ethos guided by ethical considerations that are in the interest of the public.
ETHICS AND INTEGRITY FRAMEWORKS • Code of Conduct • Code was promulgated by the President in June 1997. • Code exemplifies the spirit in which public officials should perform their duties, and provides guidelines to avoid conflicts of interest. • It also indicates what is expected of public officials in terms of their personal conduct and in serving the public. • The Code was an important first step in promoting integrity in the PS, and has demonstrated the ability to cultivate essential values among Public Servants. • The PS Pledge was also developed to supplement the Code and its signing by the PS leadership was an important symbolic event in the drive towards integrity. • Notwithstanding the successes around the Code it needs to be reviewed to reflect contextual challenges.
ETHICS AND INTEGRITY FRAMEWORKS • The Financial Disclosure Framework (FDF) for the Senior Management Service (SMS) • Integrity frameworks show a specific bias towards promoting integrity amongst the administrative leadership. • The FDF is aimed at preventing conflict of interests. • SMS employees must disclose their financial interests each year. • Disclosures promote both transparency and accountability in order to detect and prevent real conflicts of interest. • The completed disclosure forms must be forwarded to the PSC. • The PSC must scrutinise disclosure forms, identify potential conflicts of interest and alert Executing Authorities of these. • EAs are expected to take the necessary steps to address the matter.
ETHICS AND INTEGRITY FRAMEWORKS • Message of clean administration. • Anything short of 100% mark is unacceptable. • Senior managers that do not comply are guilty of misconduct. • The concern goes deeper than non-compliance to disregard for values and accountability and integrity.
ETHICS AND INTEGRITY FRAMEWORKS • Strengthening the Management of Conflicts of Interest • The PSC is currently strongly advocating for detailed measures for managing conflicts of interest. • Public officials are also private individuals, and there will be occasions when an official’s own private interests may come into conflict with his/her public duty which is to put the public interest first. • A key purpose of a conflict of interest system is to promote the perception of integrity in government by preventing conflicts of interest before they occur. • Is premised on the notion of keeping honest public servants honest and protecting such officials against corrupt practices. • Key considerations for managing conflicts of interest include cooling off periods, remunerative work outside the PS is effectively managed, and the acceptance of gifts. • Given SA’s history, “cooling off” periods are complex and the debate is contentious.
ETHICS AND CREATING AWARENESS • National Anti-Corruption Hotline (NACH) • Public servants are often too intimidated to speak out or “blow the whistle” on corrupt activities in the workplace. • Citizens wishing to report corruption are often frustrated by a lack of reporting mechanisms or lack of awareness of such services. • Cabinet approved the establishment of one NACH to provide access to whistleblowers. • Given its independence and its oversight responsibilities for the PS, the PSC was tasked to manage the NACH. • The NACH is operational 24 hours and seven days a week and caters for all eleven official languages. • Various methods of reporting alleged corruption are available : telephone, fax, email, normal post, or personal visits to any of the offices of the PSC.
ETHICS AND CREATING AWARENESS • Since its inception, 1800 cases of alleged corruption have been referred to departments for investigation. • Most frequently reported cases (alleged abuse of government-owned vehicles, fraud, procurement irregularities and failure to follow tender procedures). • The rate of feedback has been generally slow (37%) and the number of resolved cases have been low. • Notwithstanding these concerns,reporting has resulted in the institution of disciplinary action and the dismissal of corrupt officials. • Areas of risk have been identified that enable departments to improve internal controls and limit wrongdoing. • The challenge will be to maintain the level of participation and confidence in the NACH through effective investigation and timely feedback.
ETHICS AND PARTNERSHIPS • The NACH demonstrates the strong public participation dimension in South Africa’s anti-corruption drive. • The partnership approach has its origins in a national dialogue with the hosting of the first national Anti-Corruption Summit in 1999. • Stakeholders met to organise a Summit to consider joint measures for the control of corruption. • This consultative process ultimately led to the establishment of a cross-sectoral forum against corruption. • The National Anti-Corruption Forum (NACF) was launched with the following objectives: • Establishment of a national consensus through the co-ordination of sectoral strategies against corruption. • Advise Government on national initiatives in the implementation of strategies to combat corruption. • Share information and best practice in sectoral anti-corruption work. • Advise on the improvement of sectoral anti-corruption strategies.
ETHICS AND PARTNERSHIPS • The NACF comprises three sectors, namely civil society, business and the government sectors. Each sector is represented by 10 members nominated by constituencies. • The Minister for the PS and Administration is the current chairperson and the PSC is the Secretariat of the NACF. • Such partnership has not been without challenges: regularity of meetings; budgetary constraints, limited capacity. • Through greater co-ordination and focus the Forum has become more robust and active. • A National Anti-Corruption Programme (NACP), where all sectors contribute jointly, as well as separately by initiating their own programmes towards the prevention and combating of corruption has been established. • The NACP has resulted in tangible outcomes such as the approved NACH logo and launch of its website, the adoption of an Integrity Pledge and signed by the leaders of the various sectors represented on the NACF and a Guide to popularize the Prevention and Combating of Corrupt Activity Act. • The Forum is a manifestation of the combined efforts of government, civil society and business to tackle corruption head-on and to promote integrity.
ETHICS AND SERVICE DELIVERY • All of the above, but for what purpose? To improve the lives of the South African people! • Improving service is the ultimate goal of the PS transformation programme. • Effective service delivery focus must be driven by a strong integrity approach. • Batho Pele (People First) White Paper, provides a policy framework and implementation strategy for the more efficient, effective and equitable provision of public services. • It identified eight principles for the transformation of PS Delivery. • Service Standards • Access • Information • Openness and Transparency • It seeks to introduce a customer-oriented approach that puts people first. • Service delivery programmes should specifically address the need to progressively remove all barriers to access services.
ETHICS AND SERVICE DELIVERY • Public Servants have two major responsibilities in the context of Batho Pele. • They must internalize Batho Pele to truly practice it. • If they are to be accountable, they need to make sure that citizens know and understand the concept of Batho Pele. • Inevitably the success of such approaches is best felt in the interface with the public. • The South African President, the Honourable Thabo Mbeki, has led the way by the hosting of “izimbizo” (public meetings) with communities. • The PSC opted for a concept called Citizens’ Forums to allow for participation by citizens in service delivery improvement. • Citizens’ Forums allows for the engagement of citizens in matters of interest to them. This is a unique development where independent institutions participate jointly with citizens in proposing practical measures to improve service delivery and contribute towards the consolidation of government’s people centred development programme.
CONCLUSION • The Building Blocks are essential ingredients towards an integrity driven PS. • The South African PS has taken significant strides towards establishing integrity amongst its employees. • The challenge that confronts the PS is how to consolidate the efforts that it has made in building integrity and further improve. • An important development has been the fact that the integrity drive is not seen as something that the Public Service can do on its own but that the inputs of the broader society are required. • The establishment of the NACF can be seen as a best practice example which other countries can follow. • Despite all the efforts, the war against corruption is far from won.
